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Justinian I · The Digest of Justinian §38.2.28.pr-38.2.28.1

Patron's Rights and Treasury Claim on Executed Freedman's Estate

Passage 5964 of 9271 · Latin

Summary

Rules concerning the preservation of the patron's inheritance rights when a freedman is executed, or when an accused commits suicide or flees, and the reversion of the remaining property to the treasury.

[FLORENTINUS libro decimo institutionum. ] §38.2.28.prSi in libertinum animaduersum erit, patronis eius ius, quod in bonis eius habituri essent, si is in quem animaduersum est sua morte decessisset, eripiendum non est.
[FLORENTINUS, in the tenth book of Institutes.] If capital punishment has been inflicted on a freedman, his patrons must not be deprived of the right which they would have had in his property, if he on whom the punishment was inflicted had died a natural death.
sed reliquam partem bonorum, quae ad manumissorem iure ciuili non pertineat, fisco esse uindicandam placet.
But it is held that the remaining part of the property, which by civil law does not belong to the manumitter, must be claimed for the treasury.
§38.2.28.1Eadem seruantur in bonis eorum qui metu accusationis mortem sibi consciuerint aut fugerint, quae in damnatorum bonis constituta sunt.
The same rules are observed with respect to the property of those who, through fear of accusation, have committed suicide or fled, as have been established with respect to the property of condemned persons.

Notes

  1. §38.2.28.pranimaduersum erit — An impersonal passive construction of the verb animaduertere (to punish, execute) with the preposition in followed by the accusative. Literally "if punishment has been inflicted upon...", meaning "if the freedman has been executed."
  2. §38.2.28.prpatronis — A dative of separation used with the verb eripere (to snatch away, deprive). It expresses "from his patrons (must not be taken away)."
  3. §38.2.28.1Eadem ... quae — Correlation between the nominative neuter plural pronoun eadem and the relative pronoun quae, meaning "the same things (rules) are observed ... as have been established."

Cite this passage

Justinian I, The Digest of Justinian §38.2.28.pr-38.2.28.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.2.28.pr-38.2.28.1

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